Law Of War Flashcards
Define Law of War
The part of war that regulates the conduct of armed hostilities.
What is the purpose of Law of War?
To prevent unnecessary suffering, safeguard certain fundamental human rights of those involved in a conflict, & to ultimately restore peace.
What are the principles of war?
Military necessity, Proportionality, Avoid unnecessary suffering, distinction.
What is Military necessity?
Justification of employment of violence to obtain the submission of the enemy or to reach the certain military objective.
What is Military necessity based on?
nature, location, purpose and use
What is Proportionality?
states that the nature, duration, and scope of the engagement must not exceed that which is required to decisively counter the hostile act or the demonstrated hostile intent.
What is avoid unnecessary suffering?
ensuring that our decisions & actions minimize unnecessary suffering to the enemy as well as to any civilians & noncombatants involved.
What is distinction?
requires that combatants be distinguished from noncombatants and that military objectives be distinguished from protected places.
What is the acronym LOAC?
Law of Armed Conflict
Define LOAC
Prevention of unnecessary suffering safe guarding certain fundamentals human rights of those involved in a conflict & to ultimately restore peace.
Define Combatants
Those who are lawfully entitled to engage in hostilities which include members of armed forces, regular militia, guerrilla units, Levee en Masse
What are characteristics of combatants?
- Wearing of a fixed and distinct uniform.
- Open carriage of arms.
- Acting under the command of a responsible leader.
- Obeying the law of war.
Define Non Combatants
Those who may accompany combatants but do not perform in that capacity.
What are some examples of noncombatants?
Correspndents, Technical personnel, Contractors, Medical personnel, Chaplains, other civilians
Define spies
those who act under false pretenses IOT obtain info & communicate the info back to a hostile or potentially hostile party.
Which groups are not protected by the law of war?
Terrorists, Insurgents, Saboteurs, Partisans
Describe protected combatant.
- Wear a distinguishable or distinct uniform.
- Openly carry arms.
- Act under a distinguishable leader while they themselves operate under the law of war.
What are all detainees and EPWs entitled to during a time of war?
Rights under the Geneva Convention
What rules dictate our handling of detained persons?
Search, Silence, Safeguard, Segegrate, Speed, Tag
What are some examples of protected pleaces that are not considered vlid military targets?
hospitals, churches, mosques
What are examples of lawful incendiaries munitions?
Napalm, Flame throwers, White phosphorous
What requires presidential authorization before this weapons can be used?
Riot control agents (i.e., pepper spray, tear gas)
What wepaons are considered “treacherous means of warfare” and are prohibited under the law of war?
Chemical & biological weapons.
Define ROE & what reference can we find it in?
Joint PB 1-02 “[d]irectives issued by competent military authority that delineate the circumstances and limitations under which United States forces will initiate and/or continue combat engagement with other forces encountered
What 3 functions does ROE perform?
- Provides guidance fr the POTUS & SECDEF to depoyed units on use of force & unit self defense
- Control mechanism for the transition fr peacetime to combat ops (war)
- Provide mechanism to facilitate palnning & training
What framework does the ROE encompass?
national policy goals, mission requirements, and the rule of law. Simply put, ROE define the way in which we can engage the enemy.
What must ROE ensure?
national policy and objectives are reflected in the action of commanders in the field, particularly under circumstances in which communication with higher authority is not possible
What does the Standing Rules of Engagement provide?
guidance on the inherent right of self-defense and the application of force for mission accomplishment.
What is SROE designed to do?
Provide a common template for development and implementation of ROE for the full range of operations from peace to war.
Who approves ROE for US Forces?
SECDEF
Commanders are required to review relevancy & utility of their SROE for the current AO & request changes as need because?
- Provides implementation guidance on the application of force for mission accomplishment
- Ensures the proper exercise of the inherent right of self-defense.
What are the 2 main types of modifications to SROE?
- Those that require combatant commander approval or higher.
- Those that allow commanders to place further restrictions on the SROE for specific actions. These types of changes require that notification of the restriction is sent to the SECDEF.
What are the 3 levels of self defense?
National, Collective, Unit & Individual Sel Defense
What are the 3 principles of self defense?
Necessity, De-escalate, Proportionality
Define Hostile Act.
An attack or other use of force against the US or US forces & force used directly to preclude or impede the mission and/or duties of US forces, including the recovery of US personnel and vital US government property.
Define Hostile Intent
The threat of imminent use of force against the US or US forces
What things must be considered for hostile intent?
When HI is present the right exists to use appropriate force to neutralize or destroy the threat.
use all known facts, Imminent threat can be determined at any level, Doesnt mean immediate or instantaneously
De-escalate should be
When time & circumstances permit and warn & give the enemy opportunity to w/drawl
What is proportionality?
Force used to counter a hostile act, or demonstrated hostile intent must be reasonable in nature, duration, and scope to the perceived or demonstrated threat based on all facts known to the commander at the time.
Define Hostile Force
Any civilian, paramilitary, or military force or terrorist(s), that has been declared hostile by appropriate US authority.
POSID is not required for hostile act or hostile intent. True or False?
True
